In a stunning breach of judicial norms, someone at the Supreme Court leaked an opinion by Justice Alito that appears to be a draft of a majority decision in favor of overturning Roe v Wade. The leak itself has drawn condemnation from all quarters, but how well understood are the stakes? If the leak threatens the Court's authority to interpret the law in the face of public pressure, how should we consider the threat to the rule of law implied by the content of the draft decision itself? Join Onkar Ghate and Ben Bayer to examine the draft decision itself and the significance of its release.
In this episode of New Ideal Live, Onkar Ghate and Ben Bayer discuss the leak of an opinion by Justice Samuel Alito that appears to be the draft of a majority Supreme Court decision in favor of overturning Roe v. Wade, and they examine both the draft decision itself and the significance of its release.
Among the topics covered:
Mentioned in this podcast are the Ayn Rand Lexicon entry “Abortion,” the New Ideal Live episode “Roe v. Wade on the Brink,” Bayer’s article “Abortion Should Be Legal Until Birth,” and Tom Bowden’s article “Justice Holmes and the Empty Constitution.”
The podcast was recorded on May 4, 2022. 0:00:00
The Dobbs case and the leak0:07:56
The leak's harmful effects0:13:36
Why address the leaked draft0:16:59
Enumeration of rights0:28:14
Unstated religious view0:39:42
Holmes's Lochner dissent0:47:47
Democracy vs. rule of law0:52:05
Due process and substantive rights0:58:38
"States' rights" un-American1:05:33
Why some rights enumerated1:08:42
Leaving abortion to the states